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28 October 2010
Issue: 7439 / Categories: Case law , Law digest
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Immigration

Anam v Secretary of State for the Home Department [2010] EWCA Civ 1140, [2010] All ER (D) 179 (Oct)

R (A (Somalia) v Secretary of State for the Home Department [2007] All ER (D) 467 (Jul) was binding authority that, when considering the lawfulness of detention, the court had to assume the role of primary decision maker rather than simply reviewing the decision of the Secretary of State along traditional public law lines. In considering the issue of lawfulness, the court had to attach appropriate weight in its deliberation to matters such as government policies, risk assessments, and the evidence as to likely time-scales for the deportation of the individual. If the court confined itself to a consideration of whether it had been inevitable that the decision would have been the same if the error had not been made, it was abdicating the responsibility that it had as primary decision maker in cases concerning the liberty of the subject. 
 

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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